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Oct 28, 2012
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and you have read it into the record, i just want mr. gibner to have it. >> thank you, mr. grossman. >> the e-mail, obviously reflects my view on miss herrick's analysis, i do think that it was excellent and certainly i had not received or read mr. shaw's response, but it did experience a opinion as to what i thought would happen with the complaint and it was directed to mr. st. croix. he is clearly the person that i typically deal with when trying to figure out procedural matters and what should be disclosed and what should be in the packet and what shouldn't. so i followed my regular procedure in sharing that with him. does that create a conflict that should lead me to recould yous myself from this matter? >> no it does not create a legal conflict or a disqualifying conflict that would require you to recuse yourself. >> it indicates that you reviewed her analysis and indicates your views of that analysis and my reading of it, you were asking mr. saint croix whether it should be made public and nothing in the e-mail indicates that you are bias in any way that would prevent
and you have read it into the record, i just want mr. gibner to have it. >> thank you, mr. grossman. >> the e-mail, obviously reflects my view on miss herrick's analysis, i do think that it was excellent and certainly i had not received or read mr. shaw's response, but it did experience a opinion as to what i thought would happen with the complaint and it was directed to mr. st. croix. he is clearly the person that i typically deal with when trying to figure out procedural matters...
SFGTV: San Francisco Government Television
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Oct 27, 2012
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>> i am sorry that is to mr. gibner. >> okay. i think that what you are asking is when miss herrick reviews the documents whatever documents they are, can she then describe them to you in a way that is generic enough not to disclose whatever confidential information is in them in order for you to make a determination as to whether they are issued in the public documents? i think that the answer to that is question. that would allow you to make your deliberation. could i also, and can we know in this public session the volume of correspondence between the controllers office and the ethics commiting on this matter? >> are you asking, i don't think that the answer is available for miss herrick now. >> no, sir from miss herrick or mr. st. croix. i think that we are trying to ask her how much we are asking her to review. i want to know the size of the correspondence file. >> right, again, i can't speak to the controller's office's files, i can speak to the ethics commission's file and i don't see a problem with the ethics if the peopl
>> i am sorry that is to mr. gibner. >> okay. i think that what you are asking is when miss herrick reviews the documents whatever documents they are, can she then describe them to you in a way that is generic enough not to disclose whatever confidential information is in them in order for you to make a determination as to whether they are issued in the public documents? i think that the answer to that is question. that would allow you to make your deliberation. could i also, and...
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Oct 25, 2012
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mr. shaw i will give you a minute, and i am not sure what you have. >> i just want to note, mr. gibner indicated that miss herrick was stepping into the shoes of the executive director, right? >> can you get to your point, please? >> you are going to let the acting in the shoes executive director, determine herself the contents of those files? why can't you carve out the time and you examine them? so that it is not
mr. shaw i will give you a minute, and i am not sure what you have. >> i just want to note, mr. gibner indicated that miss herrick was stepping into the shoes of the executive director, right? >> can you get to your point, please? >> you are going to let the acting in the shoes executive director, determine herself the contents of those files? why can't you carve out the time and you examine them? so that it is not
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Oct 24, 2012
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mr. shaw i will give you a minute, and i am not sure what you have. >> i just want to note, mr. gibner indicated that miss herrick was stepping into the shoes of the executive director, right? >> can you get to your point, please? >> you are going to let the acting in the shoes executive director, determine herself the contents of those files? why can't you carve out the time and you examine them? so that it is not a member of the staff filling in for something the ethics commission apparently doesn't want to do itself? >> you would rather have us review the documents? is that your position? >> absolutely. >> you could use a hearing officer. >> sir, not i am going to hear from you. >> i am not going to hear from you, please, shut down. >> i want to object to one thing only. >> if i let you speak everybody has to speak. and we are not going to go forward with this. >> on that part of the voters we said that 6724 is part of the law of this county and you cannot just throw it out... >> can i make myself clear? >> no. >> i want an ethics commiting
mr. shaw i will give you a minute, and i am not sure what you have. >> i just want to note, mr. gibner indicated that miss herrick was stepping into the shoes of the executive director, right? >> can you get to your point, please? >> you are going to let the acting in the shoes executive director, determine herself the contents of those files? why can't you carve out the time and you examine them? so that it is not a member of the staff filling in for something the ethics...
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Oct 27, 2012
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gibner raised. there is the past practice, the past example involving the deputy director, where we did seek counsel from others so that it would not be a staff colleague doing the investigation, but this body handled it. and i quite honestly can't remember
gibner raised. there is the past practice, the past example involving the deputy director, where we did seek counsel from others so that it would not be a staff colleague doing the investigation, but this body handled it. and i quite honestly can't remember
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Oct 31, 2012
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. >> i have a different question, and it is for mr. gibner if you could wait just a moment we may have others for you. >> i am not sure who to ask and let me start with you and you may have another approach. the request that is at issue here was for any and all... was to two entities. and for any and all written communications between the ethics commission and the city controller's office regarding the complaint and the ethics commission file. and the closing memo authored by the ethics commission and we have been asking about the records kept by the controller's office and the answers that we are getting once they are in that file, they have a very heightened confidentiality standard. have we... so i am enclined to ask the same questions about the documents that are in the possession of the ethics commission. and for obvious reasons, i don't want to put the staff on the spot. but since miss herrick did not, so i guess... first question is could miss herrick see the ethics commission files? i understand that miss ludichu, am i saying t
. >> i have a different question, and it is for mr. gibner if you could wait just a moment we may have others for you. >> i am not sure who to ask and let me start with you and you may have another approach. the request that is at issue here was for any and all... was to two entities. and for any and all written communications between the ethics commission and the city controller's office regarding the complaint and the ethics commission file. and the closing memo authored by the...
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Oct 31, 2012
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i think that mr. shaw was largely correct on the question of amrikbility of the balancing tests san francisco in the sunshine ordinance and the incorporation of the state law with some exceptions. i'm looking very carefully at the summary of the complaints in the two memos from miss herrick and it seems to me that the extent to which there is an investigatory file at the city controllers office or that the
i think that mr. shaw was largely correct on the question of amrikbility of the balancing tests san francisco in the sunshine ordinance and the incorporation of the state law with some exceptions. i'm looking very carefully at the summary of the complaints in the two memos from miss herrick and it seems to me that the extent to which there is an investigatory file at the city controllers office or that the
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Oct 23, 2012
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i think that mr. shaw was largely correct on the question of amrikbility of the balancing tests san francisco in the sunshine ordinance and the incorporation of the state law with some exceptions. i'm looking very carefully at the summary of the complaints in the two memos from miss herrick and it seems to me that the extent to which there is an investigatory file at the city controllers office or that the commission has conducted an investigation, that those investigations are probably not subject to disclosure. but, the scope of the underlying request between the two offices related to the complaint seems to me to suggest a body of material that is beyond the investigatorry file itself and may include correspondence about the handling of the aspect and not the file itself and to the extent that any such records might exist, they to me, to my read might be subject to disclosure, albeit in a redacted form. i
i think that mr. shaw was largely correct on the question of amrikbility of the balancing tests san francisco in the sunshine ordinance and the incorporation of the state law with some exceptions. i'm looking very carefully at the summary of the complaints in the two memos from miss herrick and it seems to me that the extent to which there is an investigatory file at the city controllers office or that the commission has conducted an investigation, that those investigations are probably not...
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Oct 28, 2012
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and i generally concur, and i believe that i do concur with mr. gibner's analysis that under the charter only the ethics commission can make a final determination, even if some other body provider review and analysis. i think
and i generally concur, and i believe that i do concur with mr. gibner's analysis that under the charter only the ethics commission can make a final determination, even if some other body provider review and analysis. i think
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Oct 27, 2012
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. >> mr. gibner is that the correct interpretation of the law that we cannot even know disclose publicly the volume of any correspondence between ethics and the controller's office? >> no. i would say that the fact of correspondence and whether there was one letter or multiple letters, as part of that file, should remain confidential as well. but my understanding, and maybe miss herrick can correct me if i am wrong, as part of the investigation, miss herrick was able to gather whatever materials were available in order to ensure that the law was appropriately followed. >> miss herrick; is that correct?? >> i did not review the file that exists in the controller's office or at the ethics commission. having said that, i have a bold suggestion which would be that sort of a compromise position that the commission might take which is that perhaps the direct might be too strong of a word. both the ethics commission and the controller's office to rereview their files and disclose anything that isn't
. >> mr. gibner is that the correct interpretation of the law that we cannot even know disclose publicly the volume of any correspondence between ethics and the controller's office? >> no. i would say that the fact of correspondence and whether there was one letter or multiple letters, as part of that file, should remain confidential as well. but my understanding, and maybe miss herrick can correct me if i am wrong, as part of the investigation, miss herrick was able to gather...